Tarleton v. Goldthwaite's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed by the appellant against the appellees, seeking a re-conveyance of one half of a certain lot in the city of Mobile to the complainant, and for an account of the rents of the same for a series of some nine or ten years.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed by the appellant against the appellees, seeking a re-conveyance of one half of a certain lot in the city of Mobile to the complainant, and for an account of the rents of the same for a series of some nine or ten years. The bill is filed against the administrator and heirs of Henry Goldthwaite, deceased, alleging that previous to the 29th day of April, 1831, the complainant and Heiiry Goldthwaite were tenants in common of a certain lot of land, particularly described, in the city of Mobile, and…
1Opinion of the CourtGibbons, J.
A motion is made in the present case to dismiss the appeal, on the ground that the decree of the chancellor has been executed by the defendants, and acquiesced in on the part of the complainant. This motion is predicated on the cases of Hall v. Hrabrouski, 9 Ala. 278, and Bradford v. Bush, 10 Ala. 274. These were eases at law, where writs of error had been sued out and prosecuted in this court, and pending the litigation the plaintiff below had collected his judgment by execution. On the judgment being reversed by this court, a motion, founded upon the fact that the judgment below had been…
2Cases cited5 opinions
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Bradford v. BushSupreme Court of Alabama · 1846
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
- Whitworth v. HartSupreme Court of Alabama · 1853
- Knox's Distributees v. SteeleSupreme Court of Alabama · 1851
3Cited by33 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- James v. JamesSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Ward v. ReynoldsSupreme Court of Alabama · 1858
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